Belpedio v. Civil Service Commission

Appellate Court of Illinois

Belpedio v. Civil Service Commission

246 N.E.2d 822, 108 Ill. App. 2d 131, 1969 Ill. App. LEXIS 1073

CourtAppellate Court of Illinois

DecidedApril 2, 1969

DocketGen. No. 52,664

StatusPublished

Cited by1 cases

This text of 246 N.E.2d 822 (Belpedio v. Civil Service Commission) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Belpedio v. Civil Service Commission, 246 N.E.2d 822, 108 Ill. App. 2d 131, 1969 Ill. App. LEXIS 1073 (Ill. Ct. App. 1969).

Pincite

Opinion

MR. JUSTICE ENGLISH

delivered the opinion of the court.

On plaintiff’s complaint, and after hearing, the trial court issued a preliminary injunction enjoining defendants, until further order of court, from conducting a Civil Service examination for positions in the office of the Assessor of Cook County. Defendants have appealed.

Examination of the record discloses that the injunction was entered without there having first been compliance with the mandatory statutory requirement that plaintiff file a bond to cover payment of such costs and damages as might be suffered by any defendants found to have been wrongfully enjoined. In this circumstance, the court was without authority to issue the injunction. Ill Rev Stats (1967), c 69, § 9. See also Hoffman v. City of Evanston, 101 Ill App2d 440, 444-446, 243 NE2d 478, and authorities there cited.

Accordingly, on the court’s own motion, the injunction order appealed from is reversed.

Reversed.

DRUCKER, P. J. and McCORMICK, J., concur.

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MR. JUSTICE ENGLISH

delivered the opinion of the court.

On plaintiff’s complaint, and after hearing, the trial court issued a preliminary injunction enjoining defendants, until further order of court, from conducting a Civil Service examination for positions in the office of the Assessor of Cook County. Defendants have appealed.

Examination of the record discloses that the injunction was entered without there having first been compliance with the mandatory statutory requirement that plaintiff file a bond to cover payment of such costs and damages as might be suffered by any defendants found to have been wrongfully enjoined. In this circumstance, the court was without authority to issue the injunction. Ill Rev Stats (1967), c 69, § 9. See also Hoffman v. City of Evanston, 101 Ill App2d 440, 444-446, 243 NE2d 478, and authorities there cited.

Accordingly, on the court’s own motion, the injunction order appealed from is reversed.

Reversed.

DRUCKER, P. J. and McCORMICK, J., concur.

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Bluebook (online)

246 N.E.2d 822, 108 Ill. App. 2d 131, 1969 Ill. App. LEXIS 1073, Counsel Stack Legal Research, https://law.counselstack.com/opinion/belpedio-v-civil-service-commission-illappct-1969.

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